Recommendations to Develop International Commercial Mediation in Singapore
On December 3, 2013, Singapore’s Ministry of Law unveiled key initiatives to transform and develop its international commercial mediation sector. Based on recommendations of a Working Group established in April 2013 by Singapore’s Chief Justice and the Ministry, the recommendations include the establishment of two new independent mediation entities: a new professional mediation body (the “Singapore International Mediation Institute”), and a new international mediation service provider (the “Singapore International Mediation Centre”).
“Private Caucusing” In Civil Pretrial Mediations
Jessica Grynberg, Jeffrey Makoff
Two California litigators-mediators challenge the dominant "private caucusing" mediation method, based upon principles and best practices now being taught at the Harvard Law School Program on Negotiation. The authors observe that private caucus mediation or "shuttle diplomacy" is often ineffective in achieving early settlements and argue that skillfully-conducted joint sessions should replace private caucusing in most cases.
Warren Bennis, Mediators, and the RPM
Warren Bennis, academic, consultant and author on leadership, once suggested that there are two ways to be creative. He said, "One can sing and dance. Or one can create an environment where singers and dancers flourish." I love that idea.
The Federalization of Consumer Arbitration: Possible Solutions
Over the past fifteen to twenty years, businesses dramatically increased the use of arbitration clauses in contracts with consumers. Although commentators criticize the use of arbitration to resolve consumer disputes because arbitration lacks the due process protections inherent in traditional litigation, efforts to regulate or eliminate the use of arbitration in this context have failed miserably.
Beware the Bully Negotiator
Jan Frankel Schau
I have just finished reading Professor Dwight Golann's excellent book, "Sharing a Mediator's Powers". It was timely in that last week I mediated a contentious wrongful termination case in which one of the advocates was a notorious "bully".
An Unfortunate Proposal to Encourage Plea Bargaining Early and Often
The UK Ministry of Justice is proposing to save £220 million (approximately $351 million) by paying lawyers so that they will receive more money if they plead their clients guilty early in their criminal case, rather than waiting longer or going to trial.
Consistently Inconsistent: The Need for Predictability in Awards
In investment treaty arbitrations, the stakes are high. It is not uncommon for claims to be asserted for hundreds of millions of dollars, and for the costs to resolve such disputes to run into the millions of dollars. Despite the substantial sums involved in resolving such disputes, there exists no uniform practice on awarding costs and fees in investment treaty arbitrations.
The Future of Financial Services Arbitration
Arbitration practitioners in Asia have long been used to seeing arbitration clauses as the prevalent form of dispute resolution in cross-border finance transactions. As other emerging markets (such as those in Africa) continue their rise, this trend looks set to spread to other regions. Within the EMEA (Europe, Middle East and Africa) region typically used as a business division within the financial services sector, it is only for intra-EU transactions where the old orthodoxy of court jurisdiction continues to hold strong.
Ten Ways To Be Successful in Mediation
It’s no secret that insurance carriers have altered their practices in the past several years. Authority and independent judgment previously possessed has been removed from adjusters, managers and supervisors as executives in the companies strive for uniformity in claims handling and ironclad control over settlement decisions. Rarely at mediation is there a person present from an insurance carrier with genuine ability to be flexible and exercise individual judgment beyond parameters established in advance.
Building Better Business Cultures
A culture shift from conflict to collaboration
is taking place, leading mediators believe, in
handling difficult situations and disputes, not only
in business but in many aspects of public life –
a development which presents fresh challenges
to the legal profession.
Preventing Additional Disputes about Money
Disputes about money are one of the major issues we see in mediation. Communication on expectations is crucial in maintaining a good relationship when discussing financial issues.
5 Top Business Boo Boos
In a special free report from the Program on Negotiation at Harvard Law School, the smartest negotiatiators in the room offer their advice on the five top bargaining errors.
Court-Connected Mediation and Minorities
After years of experimentation with the use of alternative dispute mechanisms in a variety of contexts, a new era began in 1988 when Florida and Texas became the first states to adopt legislation that authorized trial judges to order civil cases to mediation. Over the past 25 years, court-connected mediation has grown exponentially.
How to Make Sure A Corporate Representative’s Deposition Testimony Sticks at Trial
In my opinion, one of the most powerful, yet underused, discovery devices around is the corporate representative deposition. This is because whomever is selected as the representative bonds the corporate entity with whatever their answers are. They are not testifying based solely upon their personal knowledge, but based upon all information known or available to the corporate entity.
Avoiding the Slow March to the Middle
Jerome F. Weiss
The manner in which most negotiations and mediations are conducted - the way most lawyers are conditioned to do it - is through a highly positional and distributive methodology by which the parties and counsel, through the cajoling and arm twisting of a neutral, begin at extreme and often meaningless opposite ends of the spectrum and slowly and painfully work their way to terms that are somewhere in the middle, through hard fought compromise. This is despite considerable teaching and evidence that suggests that a more collaborative and integrative approach is not only more effective, but also something that clients, when they are prepared and engaged, actually prefer. This article explores how a more collaborative and integrative approach, even though unfamiliar because of cultural and educational conditioning, may be lots less wear and tear and beneficial to the parties and their interests.
The Dysfunctional Board of Directors
It has been said that a good board will not make a company, but a bad one will inevitably kill it. It has also been said that troubled boards outnumber functional boards by a wide margin. As such, it would seem there is both a deep need and wide opportunity for those who can assist “Boards” to function better.
Farah Pandith TEDx Boston Talk: "Dismantle" Hate With "Counter-Narratives"
Watch this TEDx Boston event featuring peace and conflict resolution promoter, Farah Pandith. She is also the first ever US Department of State Special Representative to Muslim Communities. She talks about the global Muslim youth community, perspectives, and particularly the diversity of what it means to be Muslim.
Regulating, Certifying, Creating Barriers to Entry….
F. Peter Phillips
One must demonstrate training, skills or both in order to be listed on various court-annexed mediation panels. At the same time, however, many of those courts don’t mind in the least if parties go to a mediator of their choosing irrespective of whether that person is listed on the court-maintained panel.
Taking Advantage of ADR in the Entertainment Industry
The importance of secrecy and privacy, the need for expertise and the flexibility that ADR offers are three reasons why IP and entertainment practitioners should use ADR as much as possible. Every time a lawsuit is filed, it becomes public record. Reporters scour the case filings for interesting cases to report.
4 STEPS To Preparing Your Response To Negative Comments
This past weekend I had the pleasure of presenting on one of my favourite topics right now – “What To Do When Shit Hits The Fan” – at the fantastic Social Capital Conference. It was such a great conference with some amazing content that was being shared!
ODR in Europe
Graham Ross, Marta Poblet
This paper offers an overview of the present situation of ODR in Europe and discusses effective development of ODR deployments to handle online,
offline, national and cross-border disputes in Europe. To do so, we proceed by first defining the scope of ODR and reviewing existing services. We then continue by analyzing the major challenges faced by ODR in Europe and finally conclude by suggesting some future scenarios.
ODR and Ombudsmanship
This chapter focuses on the applicability of Online Dispute Resolution (ODR) for a specific
dispute resolution mechanism, the Ombudsman. The chapter is based on the experiences
and observations of Dr. Frank Fowlie, who served as the Inaugural Ombudsman for the
Internet Corporation for Assigned Names and Numbers (ICANN).
New EU Online Dispute Resolution Regulations
Here is the final text of the new European Union Online Dispute Resolution (ODR) regulations for transborder consumer transactions - Great reading for anyone excited about ODR.
Managing Business Risk
Managing business risk can be done through effective negotiation and conflict management. Mediators can help to manage that business risk by nipping things in the bud – and resolving difficult disputes.
Disputes: A Clash of Imperfect Ideas
It is common in the midst of conflict that we become more assertive about our perspective – especially when the other person is equally or more assertive about hers or his. One or both of us may push our viewpoints to the extent that things escalate and stronger feelings evolve – accompanied by even more push back. It is as though both of us are convinced and have to convince the other that our view is the perfect and correct one.
ODR and Online Reputation Systems
Colin Rule, Harpreet Singh
The authors consider issues of ODR and online reputation systems. As with any complex system, especially one as enormous and complex as a global reputation system, inaccuracies and fraud can arise, and these issues can result in disagreements between users. Timely resolution of these disagreements is essential to the continued health and success of any reputation system.
Smiling Mediators and Other Results of this "Serious" Survey
For April Fool's Day, here are the results of a survey about mediators and smiling. The summary of the results are available here, and the entire article is available to download. The survey included mediators and attorneys in both a mediation and an arbitration.
Online Dispute Resolution for Consumers
ODR in the consumer context refers to the use of ICT tools and methods (usually alternative to the court system) employed by businesses and consumers (B2C) to settle conflicts that arise out of economic transactions between the parties, particularly in e-commerce.
ODR and E-Commerce
Aura Esther Vilalta
Cyberspace has become a realm of commerce and a market with various kinds of transactions using acronyms such as: C2C, B2C, B2B, C2B or M2B. It removes traditional barriers between “offerors” (producers, sellers, etc) and “offerees” (clients, users, consumers.). Time, geographical distance and language are no longer obstacles to trade and, consequently, cross border disputes have increased. Online Dispute Resolution (ODR) mechanisms have emerged as a natural response to the need for new dispute resolution systems.
Establishing a Global ODR System for Cross-Border Online Transactions for the Sale of Goods
For the last couple of decades, Online Dispute Resolution (ODR) experts have been creating protocols, standards and agreements for the creation of ODR systems that could resolve low-value disputes that extend beyond regional borders. To the dismay of many in this community, these various efforts never manifested into a wide-spread program offering redress to parties engaged in cross-border commercial activity.
Mediation Case Law Video: Handwritten Agreement
In Heaven & Earth, Inc. v. Wyman Properties Limited Partnership,
the appellate court enforced a handwritten mediated settlement of lease extension by night club against challenge that parties' failure to reach full agreement on limitations and notice requirements for sound checks was a missing essential element that precluded enforcement.
Mediation Gains Popularity in India (video)
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This excellent news report from India shows the new Delhi Mediation Center. Unfortunately, it seems that the sign above the door inadvertently says "Meditation Room." Oops!